Arbitration is effectively a private court hearing where you select your own Judge, known as an Arbitrator.
You can choose which arbitrator you wish to use based on their areas of expertise. If you are unable to agree on the arbitrator, there is a process which enables an arbitrator to be appointed for you
During arbitration you each present your case to the Arbitrator. As with a Court hearing, you can speak on your own behalf, but it is normal for a Solicitor or Barrister to present the arguments for you.
Unlike a Court hearing, arbitration is tailored entirely to your needs, so you can set the timetable and choose the venue (physical or virtual). In some cases, Arbitration can be completed entirely on paper.
Before the process can begin, you must both sign an agreement to uphold the arbitrator’s decision (sometimes called an ‘award’) and turn it into a court order. This makes it legally binding and enforceable in law.
If you are unable to reach a fair divorce settlement through other means, it is worth considering Family Arbitration as an alternative to Court because:
As with all processes, what is considered an advantage by one person may be a disadvantage to another. A key point to note is that there are limited grounds to appeal the Arbitrator’s decision if you are unhappy with it.
You should also be aware that the Arbitrator will charge a fee and it is normal to split that between you. Although this may seem like a large expense, Arbitration is usually less costly than court litigation, which can be littered with delays that increase costs.
We have highlighted Arbitration as an effective alternative for those who would otherwise go to Court, but there are other Alternative Dispute Resolution (ADR) options available. If you wish to explore whether arbitration, or another method of ADR, may be helpful in your case please get in touch with us at Allard Bailey Family Law.
To book a consultation or telephone appointment with one of our team, please call 020 7993 2936 or complete the Contact Form and we will get in touch with you.
Filed Under: Insight
You can get divorced in England or Wales if: